JAI LAL Vs. CHHATTAR SINGH

JUDGEMENT

(1.) THE plaintiff is in second appeal aggrieved against the judgment and decree passed by the first Appellate Court whereby his suit challenging the decree dated 20.7.1979 in favour of the defendant Nos. 1 and 2 suffered by their mother Smt. Ram Kaur was dismissed.

(2.) SMT . Ram Kaur was owner of agricultural land measuring 26 kanals 7 marlas situated in village Bhagwai. Her two sons namely Chattar Singh and Lal Singh filed a suit claiming ownership of the said property against Smt. Ram Kaur. Smt. Ram Kaur suffered consent decree in favour of her said two sons on 20.7.1979. It is the said decree which is being disputed by another son of Smt. Ram Kaur in the present suit.

(3.) BEFORE this Court the learned counsel for the appellant has vehemently argued that no summons were issued to Smt. Ram Kaur in the previous suit and there is no family settlement produced on record on the basis of which Smt. Ram Kaur could suffer consent decree in favour of her two sons ignoring the present appellant. It has also been argued that the decree requires registration as it is transfer of rights by mother in favour of her sons.